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21-Jan-2020 05:12

It would depend on the opinion of the officers conducting the inquiry.In states where legal separation involves a court proceeding similar to and as complicated as divorce, or when spouses have signed a separation agreement and want to begin dating, it might make sense for them to simply divorce instead, so they can move on with their lives.At the end of the litigation, the court issues a decree of legal separation.Some states, such as New Jersey, call this a divorce from bed and board.A separation agreement is a binding contract, but the contract is between the spouses and doesn't involve the court until they’re divorced and it becomes part of a decree. In other states, legal separation is a process similar to divorce.One spouse must file a petition with the court and a judge decides issues of property, support and custody, much as he would in a divorce.Besides understanding the basic divorce process, military couples should be knowledgeable about the role of the Uniformed Services Former Spouses' Protection Act.

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In North Carolina, unless one spouse is clinically insane, couples can only file for divorce after a one-year separation period.While the above information provides a general framework for examining our original question, every situation is unique.